Breadcrumbs

Smith, Bernard J. Docket No. 130

Case No.: 130

Doc. Type: Agreements

Parties: IN THE MATTER OF BERNARD J. SMITH

Date: September 23, 1980

DISPOSITION AGREEMENT

This Agreement is entered into between the State Ethics Commission ("Commission") and Bernard J. Smith ("Mr. Smith"), pursuant to Section 11 of the Commission's Procedures Covering the Initiation and Conduct of Preliminary Inquiries and Investigations. The parties agree that this Agreement constitutes a final order of the Commission enforceable in the Superior Court of the Commonwealth.

On January 23,1980, the Commission, pursuant to Section 4(a) of General Laws Chapter 268B, initiated a Preliminary Inquiry into possible violations of the Conflict of Interest Law, General Laws,

The Commission has concluded its investigation into Mr. Smith's involvement in the matters set forth herein and makes the following findings of fact and conclusions of law to which the parties hereto agree.

1. Mr. Smith has been engaged as a nurse recruiter for the Massachusetts Department of Public Health, Lemeul Shattuck Hospital since November of 1978. His official duties as a nurse recruiter include traveling through New England and other parts of the United States on behalf of the Hospital to attend nursing conventions and other events organized for the purpose of nurse recruitment. His contract of employment with the Commonwealth provides for compensation in the form of salary, together with reimbursement for travel and related expenses. Said contract also authorizes Mr. Smith to contract on behalf of the Hospital directly with private businesses for advertising and other nurse recruiting related services. Mr. Smith's contract for the period from November of 1978 through June of 1979 provided for salary at the rate of $100 per day; an advertising budget of $3,500, a travel and lodging budget of $1,500, and an external recruitment budget of $2,000. His contract from July 1979 through June 1980 provided for salary of $109.04 per day; an advertising budget of $9,000, a travel and lodging budget of $3,500, and an external recruitment budget of $1,500.00.

According to the terms of said contract, Mr. Smith was to submit itemized vouchers for payment of advertising, travel and recruiting expenses on forms approved by the Dept. of Public Health to the Fiscal Office.

2. During 1978 and 1979, Mr. Smith regularly contracted on behalf of the Hospital with Alfred S. Buyer Inc. of Needham, for advertising related to the recruitment of nurses for the Hospital. During this same period of time Mr. Smith occasionally contracted with Prime National Publishing, Inc. of Weston ("Prime") on behalf of the Hospital for other services related to the recruitment of nurses for the Hospital. Both of these firms, promptly and satisfactorily performed all services required by these contracts and periodically submitted bills to Mr. Smith for payment. Mr. Smith routinely requested and received reimbursement from the Commonwealth for these expenses but neglected to forward payment to the aforementioned firms for several months. These contracts totaled in excess of $5,000.

3. On numerous occasions during 1979 and 1980 Mr. Smith attended and participated in Nursing Job Fairs, organized and conducted by Prime in cities throughout the United States. Mr. Smith was employed by Prime at these Job Fairs at the rate of $200 per day and received

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air travel and lodging paid for by Prime. Mr. Smith also attended several of these same job fairs on behalf of the Hospital and received his full salary of $103.04 per day from the Commonwealth in addition to receiving compensation and related expenses from Prime. The total salary he received from the Commonwealth while working simultaneously for Prime at these job fairs was $2,679.04.

4. In connection with two of the job fain identified above, Mr. Smith contracted with Prime on behalf of the Hospital to rent exhibitor's booth space at job fairs at which Mr. Smith was also employed by Prime. At one of these job fairs, the contract to rent exhibitor's booth space was cancelled prior to the job fair.

5. Mr. Smith's conduct as set-out in Paragraph 2, above, violated Section 23(d) of Chapter 268A in that he used his official position to obtain unwarranted privileges, to wit: the personal use of the Commonwealth's funds for several months, which funds were properly due and payable to those firms mentioned in Paragraph 2.

6. Mr. Smith's conduct as set out in Paragraph 3, above, violated Section 4(a) and 4(c) of Chapter 268A in that Mr. Smith received compensation from and acted as an agent for Prime at job fairs for which the Commonwealth had also compensated Mr. Smith and at which the Commonwealth had a direct and substantial interest in his full time recruiting services.

7. Mr. Smith's conduct as set out in Paragraph 4, above, violated Section 6 of Chapter 268A, in that he participated in his official capacity, in the award of contracts between the Hospital and Prime, a business organization with which he had an arrangement for employment at job fairs.

WHEREFORE, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceedings on the basis of the following representations, terms and conditions hereby made and agreed to by Bernard J. Smith:

1. That he is represented by Harvey Alford, Esq., 600 Pleasant St., Watertown, MA and has been fully advised as to all matters relating to these proceedings and this agreement;

2. That he cease and desist from any present or future conduct violating General Laws, Chapter 268A;

3. That he pay the State Ethics Commission the sum of $1,500 forthwith as civil penalty for the following violations:

(a) $500 for violating Section 4 of Chapter 268A,

(b) $500 for violating Section 6 of Chapter 268A;

(c) $500 for violating Section 23 of Chapter 268A;

4. That he pay to the State Ethics Commission the sum of $2,679.04 as recoupment of salary received from the Commonwealth at Nursing Job Fairs at which he was also employed and compensated by a private firm; which payments are to be made in accord with the schedule of payments set out in appendix A of this Agreement and incorporated herein by reference; and

5. That, in the future he promptly pay all vendors, with whom he has occasion to contract with on behalf of the hospital, in full, in accordance with their billing terms.

6. That he waive all rights to contest findings of fact, conclusions of law and terms and conditions contained in this Agreement in this or any related administrative or judicial proceeding.